EFTA01202696.pdf

From: John Murphy To: "Catherine Lcvene" ( 1" Subject: FW: information to Ser Et Date: Mon. 04 Aug 2014 14:28:40 +0000 Wine-Images: image001.png Hi Catherine, In reviewing the Series B rights see sections below - do we deliver these to the investors? Do you have Statements of Cash Flows that I can look at for 2011, 2012, 2013 and YID 2014? Regards, John. Artspace Series B Investor Rights Agreement.pdf Download • Ida*s shares without limitation during a (b) the 5i° anniversary of the QPO 3. Information_and ObserverRights. 3.1 Delivery of Financial Statements. The Company shall deliver to each Major Investor: (a) as soon as practicable, but in any event within one hundred twenty (120) days after the end of each fiscal year of the Company, (i) a balance sheet as of the end of such year. (ii) statements of income and of cash flows for such year and (iii) a statement of stockholders' equity as of the end of such year, all such financial statements audited and certified by independent public accountants of nationally recognized standing selected by the Company; (b) as soon as practicable, but in any event within forty-five (45) days after the end of each of the first three (3) quarters of each fiscal year of the Company, unaudited statements of income and of cash flows for such fiscal quarter, and an unaudited balance sheet as of the end of such fiscal quarter, all prepared in accordance with GAAP (except that such financial statements may (i) be subject to normal year-end audit adjustments and (ii) not contain all notes thereto that may be required in accordance with GAAP); (c) as soon as practicable, but in any event within thirty (30) days of the end of each month, an unaudited income statement for such month, and an unaudited balance sheet as of the end of such month, all prepared in accordance with GAAP (except that such financial statements may (i) be subject to normal year-end audit adjustments and (U) not contain all notes thereto that may be required in accordance with GAAP); and (d) as soon as practicable, but in any event thirty (30) days before the end of each fiscal year, a budget and business plan for the next fiscal year (collectively, the "Budget*), prepared on a monthly basis, including balance sheets, income statements, and statements of cash flow for such months and, promptly after prepared, any other budgets or revised budgets prepared by the Company. 15 5010817-6v5 EFTA01202696 EFTA01202697